Wells, Jr. v State

Full title: THOMAS PERRY WELLS, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE.

Court: Florida Court of Appeals, Second District

Date published: Jun 20, 2001

26 Fla. L. Weekly Fed. D 1577 (Fla. Dist. Ct. App. 2001)

26 Fla. L. Weekly Fed. D 1577

Opinion

789 So.2d 1092 (Fla.App. 2 Dist. 2001) 26 Fla. L. Weekly D 1577 THOMAS PERRY WELLS, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE. No. 2D00-1087. Florida Court of Appeals, Second District. June 20, 2001

       Appeal from the Circuit Court for Collier County; William L. Blackwell, Judge.        Thomas Perry Wells, Jr., pro se, Sanderson.

       Robert A. Butterworth, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

       Whatley, Acting Chief Judge

       Thomas Perry Wells, Jr., appeals the sentence imposed following his successful motion for post-conviction relief. The trial court granted his motion for post-conviction relief after finding that Wells was sentenced pursuant to an incorrect scoresheet upon a violation of probation, and it ordered a resentencing hearing. We reverse because Wells was not afforded counsel at resentencing.

       An indigent prisoner is entitled to the appointment of counsel at resentencing following a successful motion for post-conviction relief. Petkus v. State, 702 So.2d 590 (Fla. 2d DCA 1997); Behrman v. State, 696 So.2d 811 (Fla. 2d DCA 1997); State v. Scott, 439 So.2d 219 (Fla. 1983). Accordingly, we reverse and remand for resentencing again after Wells is afforded or waives counsel. See Behrman.

       Reversed and remanded for resentencing.

       GREEN, J., and DANAHY, PAUL W., (SENIOR) JUDGE, Concur